LARRY DREDLA, Plaintiff,
v.
VALMONT INDUSTRIES, INC., Defendant.
No. 0572
Doc. 216
Nebraska Workers' Compensation
September 11, 2020
Travis
A. Spier Attorney at Law Atwood, Holsten, Brown, Deaver &
Spier Law Firm, PC, LLO
William J. Birkel Attorney at Law McGrath, North, Mullin
& Kratz, PC, LLO
ORDER
DANIEL
R. FRIDRICH, JUDGE.
On this
8th day of September, 2020, this matter came on
for hearing on the plaintiffs Motion to Compel and Request
for Sanctions and Attorney Fees Pursuant to Neb. Ct. R. Disc.
§ 6-337. Plaintiff was represented by Travis Spier.
Defendant was represented by Bill Birkel. Exhibits 23 through
45 were received into evidence for the sole purpose of
resolving the plaintiff s motion. Counsel for the defendant
objected to Exhibit 35, and that objection was overruled.
On July
24, 2020, this Court entered an Order, ordering the defendant
to "more fully respond to Interrogatory number 14.
Defendant shall specifically state which documents it is
relying upon in denying any of the 20 Requests for Admission
it denied. As an example, defendant shall state:
'Defendant relies upon the medical report from Dr. Emmett
Brown dated November 5, 1955 to deny Request for Admission
number 6.' Defendant shall also state specifically
whether any witnesses is anticipated to testify in support of
its denial of any Request for Admission." (E28, p. 2).
Plaintiff
s motion alleges that defendant failed to comply with the
Court's Order of July 24, 2020. Defendant denied 20
Requests for Admission served upon it by the defendant.
Interrogatory number 14 reads: "For each of Plaintiff s
Requests for Admission denied by Defendant, identify the
basis for the denial and identify each and every item of
evidence or anticipated testimony to offer at trial to
support the denial." (E45, p. 1).
Plaintiff
filed this motion asking the Court to order the defendant to
more fully respond to Interrogatory number 14. Plaintiffs
main argument at the hearing was that defendant never
specified which medical reports or records to which it was
referring in its Answers to...
